What next for UK immigration policy?

Amidst growing concerns that Brexit could widen the UK engineering skills gap, business immigration lawyer Annabel Mace considers what kind of work visa system might work for UK industry.

Following the Brexit vote, it now seems likely that we are facing an end to EU Free Movement (either completely or in its current form). This will inevitably mean restricted access to an EU talent pool which has to date provided much needed skills for the UK engineering sector – employers are understandably concerned.

The key question now is whether the future UK visa system will be crafted in a way that will reduce net migration (to satisfy those that voted to leave the EU) but without jeopardizing engineering companies’ ability to succeed and grow? And, more importantly, what will that visa system look like?

Although certainly a blunt instrument, the current UK work visa system offers a fair amount of control and can be adapted

The future of UK immigration policy is still unknown although the Prime Minister has ruled out an ‘Australian-style’ points based system on the grounds that it would provide insufficient control on numbers. The UK already has a work visa system which is still labelled as ‘points based’ except that the points element which originally enabled highly skilled non-EU nationals to come to the UK without a job offer (on the strength of qualifications, work experience, earning potential and age) has all but disappeared. UK work visas are generally now only issued through licensed employers for a specific skilled role with a minimum prescribed salary. Unless the employee is transferring from a linked employer abroad or the role is considered to be a ‘shortage occupation’, the employer must usually demonstrate that no suitably qualified resident worker is available to fill the role. There is currently an annual cap of 20,700 on some work visas (but it doesn’t apply to intra-company transfers, high-earner roles and to those switching from another work category from within the UK).

In short, although certainly a blunt instrument, the current UK work visa system offers a fair amount of control and can be adapted. And, leaving aside the question of whether we will have to leave the Single Market to be able to restrict EU migration, we could see our current system being modified and applied to both EU and non-EU nationals. If that is the case, our realistic best hope for a system which might protect the engineering sector would:

Allow for a properly considered increase on the current annual visa cap of 20,700 taking into account the end EU Free Movement and acknowledging the continued material need for the UK engineering sector to recruit the brightest and the best from around the world

Include a more sophisticated mechanism for identifying genuine skills shortages so that work visas are readily available to those employers that need them most, without having to go through a tortuous and artificial resident labour market test. The shortages would have to be regularly updated – the Home Office’s current Shortage Occupation List was last reviewed in 2013

Avoid restricting visas on the misconception that a role is only highly valued if it is highly paid (clearly a key concern for the engineering sector). This approach, amongst other blunt restrictions, was put forwarded by David Cameron’s Immigration Taskforce but, thankfully, rejected by the Government’s own Migration Advisory Committee in 2015 (you can see how it might creep back in, though)

Continue to allow talented international students who graduate from UK universities to switch into the work visa system from within the UK by implementing an exemption from the resident labour market test (if necessary, only in certain role/sectors including engineering)

Introduce work visas for lower skilled but difficult to fill roles (the UK visa system originally had a category for this purpose but it was never activated in light of EU migration). We must also, of course, do more to enable British workers to take up such roles (as well as skilled ones) but that is not an issue that will be solved overnight and should not get in the way of sensible immigration measures.

In the meantime, the continued uncertainty over the position of EU nationals currently working in the UK will undoubtedly contribute to a drop in both retention and recruitment even before we leave the EU. The Government should give an immediate and unequivocal reassurance that EU nationals already working here will be allowed to stay. This is the only practical approach in any event, given that many of them will acquire permanent residence within the next couple of years, if they have not already done so. More importantly, assessing the status of those without permanent residence (and potentially trying to enforce their removal) will create an insurmountable bureaucratic burden for the Home Office we can ill afford, particularly in light of the task ahead.

Annabel Mace is head of business immigration at commercial law firm Squire Patton Boggs

but is not the point? sounds like California: we want people to clean our swimming pool, then disappear (no family, no health care, etc)

is not what the brexit is all about, I always through that was about immigration ( which is strange, because Chinese, Indian, etc they are moving back to the original countries (which have better opportunity for them, that is why England is putting barriers: to make the process more clear)

As an Engineer I make the following comment: Skills shortage!! if I lose my job I wouldn’t know where to find another one that suited my skills, I am supposed to be a leader in my field,, but on comparison my salary does not compete with others who have skills in other fields,, so until employers are willing to pay skilled engineers salaries that compare to the building trades we will have a shortage of Engineers

I hate all the applications. Application to live (here). Tons of documents collecting. Leaving the passport at the home office for half year, not being able to travel. Preparing the document set. All time wasted. Time I’d rather use to read about induction and microprocessors.
Then rejection and appeal and circumventing, and paying a lawyer (?).
And in parallel preparing to move again, getting two new jobs for us, living in two or three places at once until the dust has settled.

But Ralph, just think of all the non-producers of wealth to which your difficulties give employment. Sorry to appear frivilous: I am sure these episodes get right-up-your nose. As long as we continue to be ‘ruled’ by unprofessional clerks this rubbish will continue. Previous posts refer and occur time and again!

Yes, the immigration officials, the immigration lawyers, the paper manufacturers. We sent an application out (200 pages), now got refused, need to appeal, new application (another 200 pages). Can’t get paperless billing or paperless bank statements, as immigration wants everything as ORIGINAL.

Instead of getting up-to-date with new technology, I’m sitting again at collecting documents, writing applications, PAYING more. The appeal tribunal wants me to give them carte blanche for withdrawing fees from my credit card without even telling me how much fee I can expect.

We always need to save money for immigration and removal companies first before buying anything else.

Anyway, I have an IKEA table to sell, some books, appliances, carpets, chairs.. If not I’ll give them to charity or the tip. Need to declutter for the next move.

We came here because we wanted to foster children. There is obviously demand for foster parents. Can’t. We are not permanent. “Please come back later.” Getting older….
We can’t get married, because our passports are always at the home office for months. Can’t travel either. Just work and pay tax.

What for? Coming to UK was a waste of time.
NOW I understand why my (white) British friends in Asia declared me crazy for moving to UK.

As an immigrant myself I am deeply concerned of the amount of money that is required to actually work in the UK. At the end of the day for me to get myself, wife, little girl, 2 dogs and only one pallet of baggage it was effectively 26k pounds, 6 months of waiting and absolute rubbish rule fulfilment. Everywhere I go im being punished for being a foreigner and have to pay for it. from having to pay upfront 5 years of NHS fees (yes we actually pay for the NHS. its not free) and then also paying monthly for the NHS (yes we pay monthly for it as well) to not getting insurance acceptance on our vehicles with some companies at all, to paying up to 150 pound monthly for car insurance because we are foreigners etc… With this kind of level of extortion, the only 1 reason anybody would want to actually go to the UK is for the reason I fall into. 26k is worth it compared to remaining in Africa. If the same type of rules or even remotely the same type of rules are applied to the existing lot of eu persons, there will be a mass exodus of people as there is no point to add your skills to the UK if its a punishment to do so. I can foresee a serious drain in the UK and ultimately big companies getting all these skills to their side somewhere else.

This is a contentious issue and one which needs properly assessing to differ between the economic migrants and those with genuine skills which are needed. Until this is done, and regularly reviewed we will end up with every scam in the book by the economic migrants to the detriment of genuinely held skills of genuine people.

We came here to work. So are we economic migrants? And I like the fog, the weather, my partner speaks English. We love the greenery. Both our professions in high demand…
Could probably go to Germany instead, but they are even more xenophobic there.
Or go back to China, buy every paper and visa we need and live happily ever after..

Michael, I guess this makes you an economic? migrant. I am so sorry to read of your problems and costs. Had you thought of becoming a footballer or pop-star. They seem to travel and stay unhindered? Or a maid for a cabinet minister with friends at Court? No of course not: you are an Engineer, a creator of real wealth to our economy. I send best wishes, Mike B

“Annabel Mace is head of business immigration at commercial law firm Squire Patton Boggs” -what them again? This piece looks (like the other one with the endorsement of the Engineering Employers Federation) like preparation for participating in the ‘bonanza’ of negotiation that lawyers all over the world are rubbing their hands together in anticipation of cashing-in!